People v. Higgins CA5

INTRODUCTION

Defendant Michael Robert Higgins was convicted of robbery, assault with a firearm, terrorist threats, and possession of a firearm by a felon. A number of enhancements were found true in a bifurcated proceeding. On appeal, defendant argues the trial court erred in denying his motion for new trial based upon defense counsel’s failure to suppress the store manager’s identification of defendant at the in-field showup because the identification was unduly suggestive. Defendant further contends there is insufficient evidence his prior conviction for assault with a deadly weapon was a serious felony because the evidence is insufficient regarding use of a weapon. Finally, defendant maintains the trial court erred when it admitted evidence, over his hearsay objection, that he suffered a prior juvenile adjudication for robbery because the records pertaining to that adjudication are insufficient to support the finding of a serious felony. Plaintiff argues there was no ineffective assistance of counsel necessitating the trial court’s grant of a motion for new trial, and the evidence pertaining to both the 1982 conviction and the 1979 juvenile adjudication is sufficient to…